G/TBT/N/USA/1892  
11 July 2022  
(22-5305) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA) [1922]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other  [X]: Notice announcing the availability of and seeking public comment on a draft 
revision to the risk determination for the trichloroethylene (TCE) risk evaluation issued 
under TSCA; comments due 8 August 2022.  
4. Products covered (HS or CCCN where applicable,  otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Trichloroethylene (TCE); Environmental protection (ICS code(s): 13.020); Production in 
the chemical industry (ICS code(s): 71.020); Products of the chemical ind ustry (ICS 
code(s): 71.100)  
5. Title, number of pages and language(s) of the notified document:  
Trichloroethylene (TCE); Draft Revision to Toxic Substances Control Act (TSCA) Risk 
Determination; Notice of Availability and Request for Comment; (7 page(s), in English)  
6. Description of content:  Notice - The Environmental Protection Agency (EPA) is 
announcing the availability of and seeking public comment on a draft revision to the risk 
determination for the trichloroethylene (TCE) risk evaluation issued und er TSCA. The draft 
revision to the TCE risk determination reflects the announced policy changes to ensure 
the public is protected from unreasonable risks from chemicals in a way that is supported 
by science and the law. In this draft revision to the risk d etermination EPA finds that TCE, 
as a whole chemical substance, presents an unreasonable risk of injury to health when 
evaluated under its conditions of use. In addition, this revised risk determination does 
not reflect an assumption that all workers alway s appropriately wear personal protective 
equipment (PPE). EPA understands that there could be occupational safety protections in 
place at workplace locations; however, not assuming use of PPE reflects EPA's recognition 
that unreasonable risk may exist for subpopulations of workers that may be highly 
exposed because they are not covered by OSHA standards, or their employers are out of 
compliance with OSHA standards, or because many of OSHA's chemical -specific 
permissible exposure limits largely adopted in th e 1970's are described by OSHA as being 
"outdated and inadequate for ensuring protection of worker health.'' This revision, when 
final, would supersede the condition of use -specific no unreasonable risk determinations 
in the November 2020 TCE risk evaluati on (and withdraw the associated order) and would 
make a revised determination of unreasonable risk for TCE as a whole chemical substance.  G/TBT/N/USA/1892  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or s afety; Protection of the environment  
8. Relevant documents:   
87 Federal Register (FR) 40520, 7 July 2022:  
https://www.govinfo.gov/content/pkg/FR -2022-07-07/html/2022 -14478.htm  
https://www.govin fo.gov/content/pkg/FR -2022-07-07/pdf/2022 -14478.pdf  
This notice is identified by Docket Number EPA -HQ-OPPT-2016-0737. The Docket Folder 
is available from Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-OPPT-
2016-0737/document  and provides access to primary and supporting documents as well 
as comments received. Documents are also accessible from Regulations.gov  by searchi ng 
the Docket Number. WTO Members and their stakeholders are asked to submit petitions 
for reconsideration to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 8 
August 2022. Petitions for reconsideration received by the USA TBT Enquiry Point from 
WTO Members and their stakeholders will be shared with the regulator and will also be 
submitted to the Docket  on Regulations.gov if received within the comment period.  
G/TBT/N/USA/1023 and G/TBT/N/USA/1023/Add.1  - Trichloroethylene (TCE); Significant 
New Use Rule; TCE in Certain Consumer Products identified by Docket Number EPA-HQ-
OPPT-2014-0697. 
G/TBT/N/USA/1247 and subsequent addenda  - Trichloroethylene; Regulation of Certain 
Uses Under TSCA Sec. 6(a) identified by Docket Number EPA-HQ-OPPT-2016-0163. 
G/TBT/N/USA/1270 and subsequent addenda  - Trichloroethylene (TCE); Regulation of 
Certain Uses Under Toxic Substances Control Act identified by Docket Number EPA-HQ-
OPPT-2016-0387. 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  8 August 2022  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2022/TBT/USA/22_460 0_00_e.pdf